41. SPECIAL CIRCUMSTANCES – REGULATION 3.6.1(d) (Presbyteries of Port Philip East, Port Philip West and Geelong City Parish)

That the Assembly

authorise the Assembly Standing Committee, on the advice of the Legal Reference Committee, to amend Regulation 4.6.3 to read:

4.6.3 (1) Unless special circumstances with respect to any real property are declared to exist by Synod or its Standing Committee, no real estate shall be acquired, sold, mortgaged or (except as provided in Regulation 4.6.2) leased, or any rights, easements or other estates or interests therein granted or created, assigned or surrendered, or contracts entered into in respect of such matters or in respect of the erection, enlargement, structural alteration, improvement or demolition of any substantial building or the borrowing of any money unless the same shall be approved by the relevant Church Council or other responsible body, the Presbytery and the Synod responsible for that property in the manner required by these Regulations.

(2) Before declaring that special circumstances relating to real property exist
the Synod or its Standing Committee shall give the relevant Congregation, Church Council, responsible body or Presbytery not less than 90 days notice in writing of the proposed declaration and an opportunity to make written submissions to the Synod or Standing Committee regarding the proposed declaration, such submissions to be provided to the Synod or Standing Committee not less than 10 days prior to the meeting to which the proposed declaration